ORD 414 ORDINANCE NO. 414
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 17 OF THE CITY'S MUNICIPAL CODE BY
ESTABLISHING EXEMPTIONS TO THE NEIGHBORHOOD
COMPATIBILITY REQUIREMENTS FOR CITYWIDE
RESIDENTIAL ZONED NEIGHBORHOODS.
WHEREAS, on May 6, 2003, the City Council adopted Ordinance No. 389
amending Title 17 of the Rancho Palos Verdes Municipal Code as it pertains to
the Neighborhood Compatibility requirements. At that time, the Council directed
Staff to monitor the effectiveness of the new rules for one-year; and,
WHEREAS, on October 7, 2003, during the one-year review period, a
resident of the City of Rancho Palos Verdes informed the Council during public
comments at a regularly scheduled meeting that the new Neighborhood
Compatibility rules were time consuming and costly for residents proposing minor
additions to existing single-family residences. In response, the Council directed
Staff to investigate the possibility of establishing exemptions to the new rules;
and,
WHEREAS, on February 17, 2004, pursuant to City Council direction,
Staff presented the Council with draft language that would establish exemptions
to the Neighborhood Compatibility requirements. After reviewing Staff's
suggested language, the City Council initiated the Code amendment
proceedings; and,
WHEREAS, on June 26, 2004 a notice was published in the Palos Verdes
Peninsula News; and,
WHEREAS, after notices issued pursuant to the provisions of the Rancho
Palos Verdes Municipal Code, the Planning Commission conducted a public
hearing on July 13, 2004, at which time all interested parties were given an
opportunity to be heard and present evidence regarding said amendments to
Title 17 as set forth in the Planning Commission Staff Report of that date; and,
WHEREAS, after discussing the proposed language, the Commission
directed Staff to explore redefining and expanding the exemptions and to consult
with the City Attorney. The Commission continued the public hearing to its July
27, 2004 meeting; and,
WHEREAS, at its July 27, 2004 meeting, the Planning Commission
continued the public hearing, without discussion, to its August 10, 2004 meeting
to allow Staff additional time to consult with the City Attorney; and,
WHEREAS, on August 10, 2004, the Planning Commission discussed the
revised language proposed by Staff and the City Attorney. After considering
public testimony and reviewing the recommended language, the Planning
Commission directed Staff to bring back the appropriate Resolution for adoption
at its August 24, 2004 meeting; and,
WHEREAS, on August 24, 2004, the Planning Commission reviewed and
considered the proposed code amendments to Title 17, and adopted P.C.
Resolution No. 2004-33 forwarding its recommendation to the City Council for its
consideration.
WHEREAS, on September 30, 2004, a notice of a City Council public
hearing on the code amendment was published in the Palos Verdes Peninsula
News; and
WHEREAS, after notices issued pursuant to the provisions of the Rancho
Palos Verdes Municipal Code, the City Council conducted a public hearing on
October 19, 2004, at which time all interested parties were given an opportunity
to be heard and present evidence regarding said amendments to Title 17 as set
forth in the City Council Staff Report of that date. After reviewing the
recommended Code amendment language, the City Council directed Staff to
bring back the appropriate ordinance and resolution for consideration at its
November 3, 2004 meeting, and continued the public hearing; and
WHEREAS, on November 3, 2004, the City Council held the continued public
hearing, at which time all interested parties were given the opportunity to be
heard and present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the
amendments to Chapter 17.02 of Title 17 of the Municipal Code.
Section 2: The City Council finds that the amendments to Title 17 of the
Municipal Code are consistent with California Government Code Section 65853,
zoning amendment procedures.
Section 3: The City Council finds that the amendments to Title 17 are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan
in that they uphold, and do not hinder, the goals and policies of those plans, in
particular to carefully control and direct future growth towards making a positive
contribution to all elements of the community.
Section 4: The City Council further finds, based upon its own
independent review, that there is no substantial evidence that the amendments to
Ordinance No. 414
Page 2of6
Title 17 would result in new significant environmental effects, or a substantial
increase in the severity of the effects, as previously identified in Environmental
Assessment No. 694 and the Negative Declaration, adopted through Resolution
No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16
and 17 of the Municipal Code, because the new amendments establish some
very minor exemptions to the Neighborhood Compatibility requirements and
make other minor non-substantive revisions to the Development Code.
Accordingly, the Council hereby finds that Addendum (No. 11) to the prior
Negative Declaration, which is attached hereto as Exhibit "A," complies with the
requirements of the California Environmental Quality Act.
Section 5: The City Council finds that the amendments to Title 17 are
necessary to preserve the public health, safety, and general welfare in the area,
while balancing property rights.
Section 6: Paragraphs B of Section 17.02.030 of Title 17 is hereby
amended to read as follows:
17.02.30 Development standards.
B. Neighborhood Compatibility.
1. The following residential development projects shall be compatible
with the character of the immediate neighborhood:
a. A new residence that is proposed to be developed on a
vacant lot;
b. A new residence that is proposed to replace an existing
residence;
c. An existing residence that is proposed to be remodeled or
renovated such that fifty percent or greater of any existing
interior and exterior walls or existing square footage is
demolished;
d. An addition to an existing single-family residence or the
construction of any new detached structure that individually,
or when combined with prior additions cumulatively, results
in greater than: (i) 750 square feet of additional floor area, or
(ii) a 25% expansion of the total square footage of all of the
original structures constructed on the property, including the
main residence, the garage, and all detached structures;
e. The construction of, or an addition to, a new second story or
higher story; pursuant to Chapter 17.02 of the Development
Code;
f. Projects that result in lot coverage that exceeds the
maximum allowed in Chapter 17.02 of the Development
Code;
Ordinance No. 414
Page 3 of 6
g. The construction of, or an addition to, a deck, balcony or roof
deck to a second story or higher story if the total area of the
deck, balcony or roof deck is eighty(80) square feet or larger
or projects more than six (6) feet from the existing building;
and,
h. An addition of a mezzanine to an existing structure that
modifies the exterior of the structure, other than the
placement of flush mounted doors and windows.
2. The projects listed in the following subparagraphs (a through d)
shall be exempt from the Neighborhood Compatibility requirements
of this Paragraph B. However, no property shall be issued a permit
for a project that is subject to the same subparagraph more than
once in a two-year period without complying with the Neighborhood
Compatibility requirements:
a. An addition to an existing single-family residence that meets the
following criteria:
i. Is 16-feet or less in height, as measured according to
the criteria stated in Section 17.02.040(B); and,
ii. Is not being constructed along the facade facing any
street; and,
ill. Is 250 square feet or less in floor area; and,
iv. Complies with all of the City's residential development
standards.
b. An addition or conversion of non-habitable floor area to
habitable floor area that does not result in exterior modifications
other than the placement of flush mounted doors and windows.
c. The construction of a minor non-habitable accessory structure,
such as, but not limited to, a cabana, a pool changing room, a
storage shed, or a playhouse, that meets the following criteria:
i. Is 12-feet or less in height, as measured from lowest
adjacent grade as stated in Section 17.48.050(D);
and,
ii. Is less than 250 square feet in floor area; and,
iii. Complies with all of the City's residential development
standards.
d. The enclosure of a roofed breezeway between legally permitted
structures or the enclosure of a 250 square foot or less patio
cover, provided the enclosure:
i. Is 16-feet or less in height, as measured
according to the criteria stated in Section
Ordinance No. 414
Page 4 of 6
17.02.040(B); and,
ii. Is attached to the primary structure; and,
iii. Complies with all of the City's residential development
standards.
3. As defined in Section 17.02.040(A)(6) of this chapter, neighborhood
character means the existing characteristics in terms of the
following:
a. Scale of surrounding residences;
b. Architectural styles and materials; and
c. Front, side and rear yard setbacks.
4. The determination of whether a new single-family residence or an
addition to an existing single-family residence is compatible with the
neighborhood character shall be made by the director or planning commission in
the course of considering the applicable permit application(s) for the proposed
residence.
5. Public Notice. Notice for an application that requires a
neighborhood compatibility finding shall be published in a newspaper of general
circulation and given to owner's of property within five hundred feet of the
project, to all persons requesting notice, to any affected homeowner's
associations, and the applicant pursuant to Section 17.80.090 (Notice of Hearing)
of this title. Said notice shall be given at least fifteen days prior to a decision on
the application.
Section 7: The rights given by any approval granted under the terms of
Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of
the adoption of said ordinance shall not be affected by the amendments to Title
17 by this ordinance and shall continue in effect until and unless they are
modified, revoked, expired or are otherwise terminated according to the terms of
the approval or the terms of Title 17 as they existed prior to the effective date of
this ordinance.
Section 8: The amendments to Title 17 of the Rancho Palos Verdes
Municipal Code as identified herein shall apply to all development applications
submitted after the effective date of the adoption of said ordinance and to all
development applications for which a final determination has not been made by
the City prior to the effective date of the adoption of said ordinance.
Section 9: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings,
the City Council of the City of Rancho Palos Verdes hereby adopts the foregoing
amendments to Title 17 of the Municipal Code.
Ordinance No. 414
Page 5 of 6
Section 10: The City Clerk is directed to certify to the passage and
adoption of this ordinance and to cause the full text of this ordinance to be
published as required by law.
PASSED, APPROVED, and ADOPTED this 16th • IF if Nov mber 2004.
4 1 el I /3
A Mayor
,,, -Attest: :9 ,
II . ,_ .L L .' ,:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council of said City
is five; that the foregoing Ordinance No. 414 passed first reading on November 3,
2004, was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on November 16, 2004, and that the same was passed and
adopted by the following roll call vote:
AYES: Clark, Long, Stern, Wolowicz, and Mayor Gardiner
NOES: None
ABSENT: None ,,,,7
ABSTAIN: None
(71) 1 4 / ,
/
City Clerk
Ordinance No. 414
Page 6 of 6
ORDINANCE NO. 414 - EXHIBIT A
ADDENDUM NO. 11 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
November 16, 2004
On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a
Negative Declaration for Environmental Assessment No. 694 for amendments to
Titles 16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative
Declaration was circulated for public comment from March 4 through March 24, 1997
and no substantive comments were received from any persons or responsible
agencies. In adopting the Negative Declaration, the City Council found: 1) that there
would be no significant adverse environmental impacts resulting from the adoption of
the amendments; 2) that many of the amendments were clarifications and minor
non-substantive revisions; and 3) that the substantive amendments would reduce
impacts on the environment since the requirements and regulations governing
development in the City would generally be strengthened, thereby further reducing
any adverse impacts to adjacent properties and upon the environment.
The City Council has reviewed the amendments to Title 17 of the Development
Code that establishes specific exemptions to the Neighborhood Compatibility
requirements. Based upon its own independent review, the City Council finds that
there is no substantial evidence that the amendments to Title 17 would result in new
significant environmental effects, or a substantial increase in the severity of the
effects, as previously identified in Environmental Assessment No. 694 and the
Negative Declaration, adopted through Resolution No. 97-25 in conjunction with
Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code. This
is because the new amendments establish some very minor exemptions to the
Neighborhood Compatibility requirements and make other minor non-substantive
revisions to the Development Code. Accordingly, pursuant to the requirements of
the California Environmental Quality Act, the City Council finds that no further
environmental review is necessary other than the adoption of this Addendum No. 11.
Ordinance No. 414
Exhibit A
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on November 22, 2004, she caused to be posted the following
document entitled: Ordinance No. 414 -AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING TITLE 17 OF THE CITY'S
MUNICIPAL CODE BY ESTABLISHING EXEMPTIONS TO THE
NEIGHBORHOOD COMPATIBILITY REQUIREMENTS FOR CITYWIDE
RESIDENTIAL ZONED NEIGHBORHOODS, a copy of which is attached
hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
111. / ,, , , , , i
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 414-Neighborhood Compatibility.doc